In a potentially precedent-setting case, a state appellate court is being asked to decide if Lackawanna County’s transit system is responsible for the suicide of a man who was injured in a bus crash nine years ago.

The family of George Hudak Jr. of Scranton claims the injuries he suffered in a collision with a County of Lackawanna Transit System bus on May 13, 2005, left him in chronic, debilitating pain that caused him to kill himself on Sept. 11, 2011, at age 55. They contend that makes COLTS liable for his death.

COLTS argues Mr. Hudak’s suicide was an independent, intervening act the transit system could neither foresee nor control, therefore it bears no responsibility for the death.

Attorneys for both sides say the case, which is now before the state’s Commonwealth Court, could set a legal precedent because it tests existing law that limits the circumstances under which survivors of a person who commits suicide can recover damages for their death.

Edward Chacker of Philadelphia, attorney for Mr. Hudak’s family, and Thomas Ratchford of Clarks Green, attorney for COLTS, said the key issue is whether Mr. Hudak’s suicide was a foreseeable outcome of his injuries. “If someone is in chronic pain, is it reasonably foreseeable that person might take their own life?” Mr. Chacker said. “I think everyone would agree ... excruciating pain can be overwhelming. It’s not unreasonable that someone can get to the point they say they just can’t take it anymore.”

Length of time

Mr. Ratchford contends there is no way COLTS could anticipate Mr. Hudak would kill himself, particularly given the length of time between the crash and his death.

“We have a situation where there was a bus accident involving someone who was injured and, six years later, the plaintiff decides to commit suicide,” Mr. Ratchford said. “You can imagine the floodgates of litigation that could open very broadly in varying circumstances with a ruling like that. We are trying to draw a line in the sand and limit what can and can’t be claimed.”

The case stems from a crash at North South and Simplex roads in Scranton after a COLTS bus allegedly ran a stop sign and struck Mr. Hudak’s vehicle. Mr. Hudak originally filed suit on May 2, 2007, seeking to recover damages for injuries he suffered to his head, back, neck, left arm and spine.

According to court documents, Mr. Hudak underwent treatment for years, but pain medications he took were not working. While his lawsuit was pending, he killed himself, leaving a suicide note that said he “could not take the pain” he experienced every day and “was tired of it.”

Wrongful death

After Mr. Hudak’s death, his sister and administrator of his estate, Shannon Hudak-Bisset, sought to amend his lawsuit to include a wrongful death count. Lackawanna County Judge Carmen Minora granted the motion in April.

In his ruling, Judge Minora said suicide generally is not recognized as a basis to recover damages because it’s considered an “independent act so extraordinary that it is not foreseeable.” There are exceptions to that rule, but they usually involve mental health professionals who were sued for failing to detect a patient was suicidal.

Judge Minora said Mr. Hudak’s case presented an unusual situation. As such, he was reluctant to apply the “blanket ruling” that suicide is not a foreseeable action.

“Not all suicides in every conceivable procedural and factual posture can totally be deemed to be so extraordinary as to not be reasonably foreseeable,” the judge said. “While six years is a long time, arguably, in this case, the passage of time only increased the severity of the impact of chronic pain.”

The judge acknowledged the case involves a complex issue that could be subject to differing interpretations of the law. As such, he permitted Mr. Ratchford to file an appeal of the pretrial ruling to the Commonwealth Court. While the court’s ruling will be binding only on this case, it could eventually set a statewide precedent if it’s appealed to the state Supreme Court, the attorneys said.

Contact the writer:

tbesecker@timesshamrock.com

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